CHITTARANJAN SAHOO Vs. COLLECTOR, KHURDA

JUDGEMENT

(1.) In both the writ petitions, the petitioners have challenged the order dated 03.08.2009 (Annexure-8) passed by the Member, Board of Revenue, Odisha, Cuttack in O.E.A. Revision Case No.226 of 2001 setting aside the order dated 31.03.1997 (Annexure-2) passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.1 of 1997.

(2.) Petitioners' case in a nut-shell is that the entire suit land appertaining to Khata No.68, Chaka No.35, bearing Plot Nos.58 and 93, area Ac 4.481 and Ac 0.312 totaling to area Ac 4.793 (for short, "suit land") involved in O.E.A. Revision Case No.226 of 2001 was recorded in the R.O.R. published in the year 1979 as "Bebandobasta Status" with lord Lingaraj Mahaprabhu Bije- Bhubaneswar jointly with the present opposite party Nos.3 to 9. Bebandobasta Case No.1 of 1997 was instituted by the Additional Tahasildar, Bhubaneswar on the basis of G.O. No.11782 dated 14.03.1991 on the report of the Court Amin for settlement of the suit land. The Additional Tahasidlar after issuing general proclamation, inviting objection and after hearing opposite party Nos.3 to 9 and others held that opposite party nos.3 to 9 were in possession of the suit lands through their forefathers as tenants, "in lieu of service" rendered by them to Lord Lingaraj which were granted to them as "Service Jagir" Lands. Accordingly, the Additional Tahasildar, Bhubaneswar settled the land with Lord Lingaraj Mahaprabhu Bije-Bhubaneswar and opposite party Nos.3 to 9 as Marfatdars. The said order of the Additional Tahasildar, Bhubaneswar was also confirmed by the Sub-Collector, Bhubaneswar. Therefore, claim of opposite party Nos.3 to 9 is that they were the "Stitiban Rayati Holders" of the suit lands and their rights which are heritable and transferable were not affected in any manner and they continued to be the owners in possession of the suit lands after vesting of the estate of Lord Lingaraj in the year 1974. Opposite party Nos.3, 4, 5 and 7 transferred Ac 0.0861/2 decimals out of the suit land of Ac 4.713 in favour of one Hemanta Chandra Mohapatra by a Registered Sale Deed executed on 18.02.1998. The said Hemanta Chandra Mohapatra by virtue of a Registered Sale Deed executed on 10.11.2000 transferred Ac 0.080 decimals of the land in favour of the petitioner Chittaranjan Sahoo. Opp. party Nos.3,4,5, 7 and 9 by virtue of a Registered Sale Deed executed on 27.12.1996 transferred Ac.0461 &1/2 decimals of land in favour of the petitioner-Smt. Bimala Kabi Satapathy. After purchase, the petitioners have constructed their residential houses on the suit land and are staying with their families without any interruption from any quarter until the impugned order of the Member, Board of Revenue, Odisha, Cuttack under Annexure-8 was passed. The Consolidation Authorities in course of the consolidation proceeding in the year 1977-78, recorded the suit land in the name of Lord Lingaraj Marfat the Sevayat-vendors with stitiban status and rents were also collected by the Office of the Tahasildar, Bhubaneswar from them. When the matter stood thus, the Member, Board of Revenue, Odisha, Cuttack registered O.E.A. Revision Case No.226 of 2001 on a move by the Collector, Puri and by exercise of purported power under para 3(26) of the Revenue Department Circular No.57677/R dated 06.12.2000, set aside the order dated 31.03.1997 (Annexure-2) passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.1 of 1997, on a finding that, the suit land had vested in the State of Odisha free from all encumbrances on abolition of the Ex-Estate of Lord Lingaraj and directed for recording of the suit land in favour of the State of Odisha with no note of possession and further held that none of the purchasers including the petitioners has acquired any right and title on any piece of the suit land on the strength of purchase from opposite party Nos.3 to 9. Hence, the present writ petitions.

(3.) Mr. N.C. Panigrahi, learned Senior Advocate appearing for the petitioners in both the writ petitions submitted that on 27.10.2009 this Court in Misc. Case No.11607 of 2009 arising out of the present writ petition bearing W.P.(C) No.13689 of 2009 passed an order to the effect that in the meantime operation of the order dated 03.08.2009 (Annexure-8) passed by the Member, Board of Revenue, Odisha, Cuttack in O.E.A. Revision Case No.226 of 2001 shall remain stayed. In view of the said interim order, no further order was passed in Misc. Case No.1554 of 2012 on 16.01.2013. It is further submitted that no counter affidavit has been filed by opposite parties including the Lord Lingaraj Bije- Bhubaneswar in respect of the aforesaid order of this Court.